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2019 Supreme(AP) 125

A.V.SESHA SAI, U.DURGA PRASAD RAO
Vishnutek Engineers Pvt. Ltd. – Appellant
Versus
Authorised Officer, ASREC (India) Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : J.N. Bhushan
For the Respondent: M. Srinivas and M. Balasubrahmanyam

JUDGMENT :

U. DURGA PRASAD RAO, J.

1. The petitioner seeks writ of certiorari calling for the records pertaining to order, dated 20.4.2017, in SA No. 278 of 2016 on the file of Debts Recovery Tribunal (for short, 'the DRT'), Visakhapatnam, and the order, dated 8.2.2019, in Appeal No. 209 of 2017 on the file of Debts Recovery Appellate Tribunal (for short, 'the DRAT') at Calcutta, In-charge Debts Recovery Tribunal, Allahabad, and quash the same and consequently set-aside all the proceedings initiated against the petitioner by respondent Nos. 1 and 2 under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the SARFAESI Act') as arbitrary, illegal and violative of principles of natural justice.

2. The petitioner's case, succinctly, is thus:

    (a) The petitioner is a private limited company carrying on business in sales and service of earth moving and material handling machinery and equipment and their lubricants. For their business purpose, the petitioner availed credit facilities from respondent No. 3 (R3) to an extent of Rs. 500.00 lakhs. The Directors of the petitioner company also constituted a Partnership Firm and carry

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